Birnam Conservation Area Appraisal and Management Plan
Perth and Kinross Council · 28 January 2026
Back to Economy and Infrastructure Committee — 28 January 2026 and its agenda
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Our vision is a Perth and Kinross where everyone can live life well, free from poverty and inequality __________________________________________________________________________________________ Committee: Environment and Infrastructure Committee Date of Meeting: 28 January 2026 Report Title: Birnam Conservation Area Appraisal and Management Plan Report Number: 26/24 Report Author: Paul Williamson, Team Leader, Development Management Organisational Lead: Serge Merone, Strategic Lead - Economy, Development & Planning __________________________________________________________________________________________ 1. Purpose 1.1 The purpose of this Report is to seek approval for a Conservation Area Appraisal and Management Plan for Birnam, an Article 4 Direction restricting permitted development rights, and Regulation 11 order in respect of control of advertisements. 1.2 Sections 1. Purpose 2. Recommendations 3. Background/Context 4. Main Issues 5. Proposals 6. Conclusion 7. Impact and Value Assessment 8. Appendices 2. Recommendations It is recommended that the Committee: 2.1 Approves the Birnam Conservation Area Appraisal and Management Plan (Appendix 2). 2.2 Agrees to approve a new Article 4 Direction for Birnam for submission to the Scottish Ministers for approval.
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2.3 Agrees to approve a new Regulation 11 Direction for Birnam for submission to the Scottish Ministers for approval. 3. Background/Context 3.1 The statutory definition of a Conservation Area is set out in Section 61 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as n “area of special architectural or historic interest, the character and appearance of which it is desirable to preserve or enhance”. 3.2 The Council has a duty under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 “to formulate and publish, from time to time, proposals for the preservation and enhancement of any parts of their district which are Conservation Areas.” This means, in effect, that all existing Conservation Areas should be reviewed and re-appraised. 3.3 A Conservation Area Appraisal is an important management tool that identifies the special interest and changing needs of a conservation area, and its key objectives are to ensure the integrity of the conservation area is maintained, to prevent erosion of its character, and enable future development that enhances its character and appearance. Whilst an appraisal provides some historical background, it is not a chronological history of the settlement but instead focuses on the existing features and character. 3.4 There are 36 conservation areas in Perth and Kinross, 22 of which have adopted Conservation Area Appraisals. The most recent of these was completed in 2015, and it is recognised that the documents should now be brought up to date in line with current legislation and guidance. These reviews will be taken in phases. 3.5 Birnam is one of a group of three Conservation Areas to be appraised or reappraised in the first phase. The other two Conservation Area Appraisals are for Dunkeld and Spittalfield, which are subject of separate reports. 3.6 The review is proposed to ensure that the existing Conservation Area boundaries are fit for purpose, and the areas meet the criteria for designation. The review will also incorporate reflection on the role of Conservation Areas in delivering the Council's priorities in respect of sustainable economic development, climate change, and the need to preserve and enhance the built heritage of Perth and Kinross in accordance with local and national planning policy. 3.7 The document being reviewed is the current Birnam Conservation Area Appraisal and Management Plan (referred to as the Conservation Area Appraisal, or CAA hereafter). 3.8 A Conservation Area was designated in Birnam in 1996. No formal appraisal of the area has been undertaken since this time, and Birnam was therefore considered to be a priority for review. As with all Conservation Areas, the quality and character of the village are threatened by lack of maintenance of
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properties, use of inappropriate materials and loss of historic features. The proposed dualling of the A9 trunk road is also recognised as a potential threat to the Conservation Area, and it is noted that discussions have been held with Transport Scotland regarding the importance of the Birnam Conservation Area, and ways in which the A9 dualling project could present opportunities to improve pedestrian access and soft landscaping between the village and the station. An up-to-date CAA is considered to be of benefit in this process. 3.9 A review of the Birnam Conservation Area has been carried out in 2025. Consultation with the public, local community groups and national bodies on the revised Birnam Conservation Area Appraisal was undertaken during September 2025 which included a public drop-in session held at the Birnam Arts Centre on 2 September, attended by over 30 individuals. This event also covered the other two Conservation Areas that were being re-appraised, Spittalfield and Dunkeld. A notice of the exhibition was placed on the PKC website and advertised through social media. The Dunkeld and Birnam Community Council were contacted about the event also. Input from residents and property owners is an important part of the appraisal process. 3.10 The consultation period for comments was open until 22 September 2025. Written responses were received from Historic Environment Scotland, Perth & Kinross Heritage Trust and two local residents. A summary of the comments received is attached to this report in Appendix 1. 3.11 All comments received have been considered and amendments made to the CAA as needed. The revised CAA is attached at Appendix 2. 4. Main Issues 4.1 Birnam Conservation Area developed as a Victorian resort linked to the arrival of the railway in 1856. There has been little change to the street pattern, layout and predominantly Victorian architectural character following its development as a largely new settlement in the mid-19th century. 4.2 The CAA identifies eight-character areas which are differentiated by physical characteristics and townscape qualities. A diagram showing these character areas can be seen in Figure 16 of Appendix 2. 4.3 The CAA also sets out important characteristics of the area as a whole, including the role of trees and woodland, important views, landmark buildings and unlisted buildings of merit. 4.4 As part of the appraisal process the current Conservation Area boundary was reviewed. The boundary incorporates the areas of Birnam which are of historic and architectural interest, and any development or alterations to buildings within the Conservation Area undertaken since designation in 1996. These developments or alterations are not considered to have had a significant adverse impact on this historic interest which could have led to a change of boundary. It was therefore concluded that the existing boundary is
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fit for purpose and it is recommended that it remains as per Figure 2 of Appendix 2. Conservation Area Management 4.5 A draft Article 4 Direction has been prepared as part of the appraisal process. Under Article 4 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), the local planning authority can seek the approval of Scottish Ministers for Directions that restrict certain permitted development rights. Development is not precluded, but such alterations will require planning permission, and special attention will be paid to potential adverse effects on the Conservation Area. An Article 4 Direction is not needed for most householder development, but it can be beneficial to provide an additional level of control, for example over development by statutory undertakers. Birnam does not currently have an Article 4 Direction, and it is considered that a Direction should be submitted for the approval of Scottish Ministers in order to support the Conservation Area designation. 4.6 A draft Regulation 11 has also been prepared in relation to control of Advertisements in the Conservation Area. There are certain types of advertisements which do not require advertisement consent under the Town & Country Planning (Control of Advertisements) (Scotland) Regulations 1984. It is possible for a local planning authority to propose additional advertisement controls through Regulation 11 of the 1984 Regulations and seek the approval of the Scottish Ministers. A Regulation 11 order controls normally permitted forms of ‘minor’ advertisement which can have an impact in areas of environmental quality. Certain types of advertisements, such as shop or business signage, can have a significant impact on historic building frontages and on the overall quality of the character of the conservation area. Usually, Regulation 11 advertisement controls are only approved in conservation areas. The Birnam Conservation Area currently does not currently have a Regulation 11 order, and it is considered that an order should be submitted for the approval of Scottish Ministers in order to support the Conservation Area designation. Climate Change and Energy Efficiency 4.7 Scotland’s national strategy for the historic environment (Our Past Our Future) recognises the transition to net zero as its first priority and sets out the importance of the historic built environment in achieving this. The management plan within the Birnam CAA includes a section on climate change and the historic environment, with links to more detailed advice on adapting historic homes and other buildings to ensure that they are energy efficient and well maintained for the future. 5. Proposals 5.1 The Committee is asked to approve the Birnam Conservation Area Appraisal and associated management measures and proceed to formal adoption of the CAA and approval of the proposed Article 4 Direction and Regulation 11 by
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Scottish Ministers. The Conservation Area Appraisal documents are appended to this report. 5.2 The Conservation Area Appraisal process has been undertaken efficiently in order to secure best value under the Local Government Scotland Act (2003). Costs have been minimal, specifically with regard to the consultation period, and there is no expectation that the appraisal will incur any further costs to the local authority. The process has met equal opportunity requirements. An Equality Impact Assessment (EqIA) and Strategic Environmental Assessment (SEA) pre-screening report (Appendix 3) are provided. 5.3 Performance has been reviewed as part of the whole process and measures to improve efficiency and delivery have been considered accordingly. These would aim to improve performance and outreach for the next Conservation Area Appraisal process. 5.4 The Birnam Conservation Area Appraisal would come into effect once the document is approved. 6. Conclusion 6.1 A review of the Birnam Conservation Area has been undertaken involving public consultation. The Birnam CAA has been produced with no proposed change to the Conservation Area boundary. New Article 4 Direction and Regulation 11 have been drafted for approval of the Scottish Ministers. 7. Impact and Value Assessment 7.1 Birnam Conservation Area Appraisal and Management Plan Impact and Value Assessment 8. Appendices 8.1 Appendix 1 - Summary of consultation comments received 8.2 Appendix 2 - Birnam Conservation Area Appraisal and Conservation Area Management Plan 8.3 Appendix 3 - SEA pre-screening notification